Can examiners request information about related litigation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, examiners can request information about related litigation. MPEP 704.11 states: ‘Information relating to litigation involving the claims or other similar claims, including any arguments or affidavits presented to courts or other decision making bodies.’

This may include:

• Details of ongoing or concluded litigation related to the patent application
• Court decisions or settlements affecting the claimed invention
• Expert testimony or affidavits submitted in legal proceedings
• Arguments presented in court that are relevant to patentability

Such information helps examiners assess the patentability and validity of claims in light of legal challenges or precedents.